Rule 7.15 Amendment of application and answerF1

(1)

Unless paragraph (2) applies—

(a)

a party making an application for a matrimonial or civil partnership order may amend the application at any time before an answer to it has been filed;

(b)

a party who has filed an answer may amend the answer.

(2)

No amendment to an application for a matrimonial or civil partnership order or to an answer may be made under paragraph (1) if an application under rule 7.9(1) or (2) has been made in relation to the marriage or civil partnership concerned.

(3)

Where an amendment to the application is made under paragraph (1)—

(a)

it must be served in accordance with rule 7.5; and

(b)

rule 7.7 applies.

(4)

Where an answer has been filed, or an application has been made under rule 7.9(1) or (2), an amendment may not be made to an application except—

(a)

with the written consent of all the other parties; or

(b)

with the permission of the court.

(5)

Where an answer has been filed and an application has been made under rule 7.9(1) or (2), an amendment may not be made to the answer except—

(a)

with the written consent of all the other parties; or

(b)

with the permission of the court.

(6)

Where paragraph (4) or (5) applies, the court may give directions as to—

(a)

the service of the amended application or the amended answer and the service of any accompanying documents;

(b)

the extent to which rule 7.7 must be complied with in respect of any amended application.

(Practice Direction 7A contains information regarding amending applications, making supplemental applications and making second (or further) applications.)

Annotations

Textual amendments

F1: Pt. 7 substituted (6.4.2022) by The Family Procedure (Amendment) Rules 2022 (S.I. 2022/44), rule 1(3)(a), Sch. (with rule 29); S.I. 2022/283, reg. 2